TERMS + CONDITIONS

 

RESERVATION POLICIES

  • Please Be On Time - Clients are expected to arrive prior to the start of class and will not be allowed entry more than 5 minutes late, at which point your spot may be given to another client.  

  • New Clients - Must arrive 10 minutes early to complete mandatory safety overview. 

  • Sticky Socks – Sticky socks are required for every class. Clients who do not bring socks will be required to purchase a pair or be removed from class.  

  • Cancellation Windows and Penalty Fees - Vary based on membership: 

    • Full-Price Unlimited Members must cancel class 8 hours in advance. Late cancellations will incur a $10 fee, no shows will incur a $15 fee.  

    • Limited Members (8X or 12X/month) must cancel class 10 hours in advance. Late cancellations will incur a $20 fee, no shows will incur a $25 fee in addition to the loss of credit. We will return your lost credit to be used prior to your next billing date by emailing support@fierce45.com.  

    • Credit package reservations must be canceled 10 hours in advance. Late cancels and no-shows will result in loss of credit and additional penalty fees vary based on credit type.  

  • Waitlist Reservations – Clients may be added from the waitlist up to 1 hour prior to the start of class. You can remove yourself from the waitlist at any time but once you are added to class, all cancellation and penalty fee policies apply.  

  • Courtesy Cancels - All clients are allowed 2 courtesy cancelations per calendar year. Please email support@fierce45.com to redeem.  

  • Multiple Reservations – Clients are responsible for canceling excess reservations within their cancellation window. Fierce45 will not honor any courtesy cancellations or refunds for multiple reservations made on the same day.  

  • Private Sessions - Must be canceled 24 hours in advance. Late cancellations within the 24-hour window will incur a $50 fee. No-shows will be charged in full.  

MEMBERSHIP POLICIES

  • Minimum Commitment - In exchange for a discounted first month, all autopay memberships require a 3-month commitment.  

  • Cancellation – All autopay memberships require 7 days’ written cancellation notice via email to support@fierce45.com prior to your next billing date.  

  • Refunds – Refunds will not be given for any payments made prior to the written request to cancel membership. 

  • Membership Freezes – Autopay members are allowed one membership freeze per calendar year for up to 3 months. Membership freezes require a written request via email to support@fierce45.com with a start and end date. Memberships automatically reactivate on your requested end date and refunds will not be given for payments made once the membership freeze has ended. Each additional freeze will incur a $30 fee.  

  • Class Packages + Memberships – Not eligible for transfer, exchange, price adjustment, or refunds. Clients with existing memberships are not eligible for new client sales or promotions.  

REFUND POLICY

  • 3-Day Refund Policy – You may cancel your purchase of classes or membership, without penalty, within 2 days, exclusive of holidays and weekends, by emailing support@fierce45.com. You will receive a full refund of your purchase less the cost of any used classes.  

  • Retail Return / Exchange Policy – All unworn retail purchases with original tags attached may be exchanged or returned for store credit within 14 days of purchase. 

ADDITIONAL STUDIO POLICIES

  • Children In Studio – Children under the age of 16 are not allowed in the studio at any time except for non-mobile infants in car seats with preapproval from management. The parent must arrive early to class to secure a machine closest to the exit where the infant can be placed in a secure space for class. If the infant is disruptive, the parent is required to remove them from the studio.  

  • Payment – Fierce45 does not accept personal checks  

  • Coaches – Coaches are subject to changes without notice and all reservation policies apply.  

All clients must agree to all terms and conditions to take any fierce45 class.  

 

➕ STUDIO LIABILITY RELEASE ➕

UPON CREATING AN ACCOUNT, YOU ARE ACKNOWLEDGING AND AGREEING TO THE ABOVE TERMS AND CONDITIONS AND TO THE BELOW STUDIO, ON-DEMAND, AND LIVE STREAMING CLASSES WAIVER OF LIABILITY, RELEASE, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT.

BY ACKNOWLEDGING THIS DOCUMENT YOU WILL HAVE WAIVED CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE

Waiver of Liability, Release, Assumption of Risk & Indemnity Agreement 

Notice: This is a legally binding document.

In consideration for being allowed to participate in classes and activities operated by Fierce 45 LLC, its subsidiaries, affiliates, employees, instructors, independent instructors, COACH TRAINEES, franchisees, and agents (“Fierce 45”), I hereby understand, agree, and acknowledge on behalf of myself, my heirs, and assigns the following:

1) I will be attending classes, activities and other programs utilizing facilities and equipment and performing exercise at Fierce 45, On Demand, and Live Streaming from which there are inherent risks and dangers, which can include, but are not be limited to, physical injury to my legs, knees, back, shoulders, head, injury or strain to the cardiovascular, circulatory and/or respiratory systems and injuries to other parts of the body. 

2) I agree to assume all risks related to or inherent in such participation, which may include, but are not limited to, serious physical injury and death. 

3) I have no known medical or physical condition (including pregnancy), mental or emotional disability including but not limited to cardiac irregularity, episodes of dizziness, asthma or other breathing difficulties, diabetes, neurological disorders, spinal joint tendon or ligament injuries, high/low blood pressure or any other disability that would put me in any physical or medical danger or prevent or limit me from attending and/or using any Fierce 45 classes. 

4) I have not been advised by a physician to limit my physical activities and I am not under the influence of any medication or substance that would prevent such participation. 

5) It is the recommendation of Fierce 45 that I consult with a physician before participating in classes and that my participation in such classes is purely voluntary and occurs at my own risk.

6) Any instructions and advice of instructors is not to be construed by me to be medical advice. 

7) If in the opinion of Fierce 45 my access or participation may endanger my health, Fierce 45 may deny me access and the right to participate until I furnish a letter from my physician stating that in the opinion of such physician I am medically and physically able to participate in Fierce 45 classes. 

8) Fierce 45 is not in any way responsible for the safe keeping of my personal belongings while I attend a class and that any storage capability that is provided for my use by Fierce 45 is strictly as a courtesy for my own benefit and at my own risk. 

9) IN CONSIDERATION OF MY RIGHT TO PAY FOR AND PARTICIPATE IN CLASSES I EXECUTE THIS RELEASE AND AGREE ON BEHALF OF MYSELF, HEIRS AND ASSIGNS TO WAIVE, RELEASE, HOLD HARMLESS AND INDEMNIFY FIERCE 45 LLC, ITS EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES, EQUIPMENT MANUFACTURERS, LICENSORS, OFFICERS, MANAGERS, MEMBERS, FRANCHISEES, AND AGENTS FROM ANY AND ALL INJURIES, CLAIMS, DAMAGES AND CAUSES OF ACTION,, INCLUDING BUT NOT LIMITED TO COVID-19 AND OTHER INFECTIOUS DISEASES, (“CLAIM”) THAT MAY ARISE FROM MY PARTICIPATION REGARDLESS OF HOW SUCH CLAIM MAY HAVE COME ABOUT. 

10) I consent and agree that Fierce45 may take photographs or videos of me in or using the Fierce45 facilities and equipment. I agree that such photographs or videos and copies thereof may be used by Fierce45.  I hereby assign all copyrights or other rights in such photographs or videos and copies thereof to Fierce45.  

11) I have read and understand the foregoing and I have had the opportunity to have this document reviewed by an attorney of my choice. 

12) The rules and regulations of Fierce 45 may change from time to time and my continued participation is an acknowledgment of my agreement to such rules and regulations as they may change from time to time. 

13) This agreement and release shall remain in full force and effect for so long as I participate in activities and classes at Fierce 45. 

14) The venue for any dispute arising from this agreement shall be in the State of Colorado in the County of Denver. 

15) In the event any portion of this agreement is deemed to be not enforceable, then it shall not impair the remainder of the agreement.

COVID-19 & other COMMUNICABLE DISEASEs and VIRUSes.

1) Fierce45, LLC is following all regulations and guidelines as ordered by State and Local Governments, The Colorado Health Department, The CDC, & DORA. Fierce45 cannot guarantee full protection from COVID-19 transmission. As a client (“I”), I am voluntarily electing to take Fierce45 classes and I acknowledge and consent to some risk for contracting COVID-19 or any other communicable disease oR virus. I agree to hold harmless Fierce45, LLC  its subsidiaries, affiliates, employees, instructors, independent instructors, franchisees, and agents (“Fierce 45”), and all other third parties, other than myself, for my decision to take a class at Fierce45, LLC facilities.

2) I understand that possible exposure to COVID-19 OR ANY OTHER COMMUNICABLE DISEASE OR VIRUs before/during/after my fitness class may result in the following:

  1. a positive COVID-19 diagnosis

  2. extended quarantine/self-isolation

  3. additional tests

  4. hospitalization that may require medical therapy, Intensive Care treatment, possible need for intubation/ventilator support, short-term or long-term intubation, other potential complications, and the risk of death.

Additionally, I understand that COVID-19 OR ANY OTHER COMMUNICABLE DISEASE OR VIRUs may cause additional risks, which may not currently be known at this time, in addition to the risks described herein.

I understand that Fierce45, LLC is extending class credit expiration dates as well as providing the option to freeze or cancel my membership. I understand that Fierce45, LLC is not putting any financial obligation or downside to me waiting to enter the facilities and taking classes. Despite that, I acknowledge the risks and would like to proceed with attending classes.

3) I affirm that myself, nor anyone in my household, has been diagnosed with COVID-19 in the past 5 days; myself, nor anyone in my household, has experienced any COVID-19 symptoms in the past 5 days; I have not been out of the country in the last 14 days or been in direct contact with anyone who has; and I have not been in contact with anyone with confirmed or presumptive positive COVID-19 in the past 5 days. I will affirm the above statements prior to class each and every time I take class.

Waiver of Liability, Release, Assumption of Risk & Indemnity Agreement Notice: This is a legally binding document.